Tusk rejects PM’s backstop plea as EU27 memo slams ‘misleading’ claim
The President of the European Council has slapped down Boris Johnson’s suggestion that the Irish backstop be dealt with during transition.
Last night the Prime Minister published a letter to Donald Tusk, in which he suggested removing the “anti-democratic” backstop from the withdrawal agreement, suggesting it could be dealt with as part of the future relationship.
He offered no concrete solution, beyond an “alternative arrangement”, which he said would avert a no-deal Brexit.
Tusk did not immediately respond, but broke his silence this morning by implying Johnson’s position meant he “in fact support[s] reestablishing a border”.
The European Commission’s deputy chief spokesperson Natasha Bertaud expanded on the reasons why Brussels could not accept Johnson’s new approach.
She told journalists this morning: “The letter does not provide a legal operational solution to prevent the return of a hard border on the island of Ireland, it does not set out what any alternative arrangements could be, and in fact it recognises that there is no guarantee that such arrangements will be in place at the end of the transitional period.”
She insisted it was not “the time to enter into blame games”, stressing the Commission still favoured an “orderly” Brexit. “We stand ready to work constructively with the UK,” she said.
The letter pre-empted Johnson’s bilateral meetings with German Chancellor Angela Merkel and French President Emmanuel Macron, due to take place on Wednesday and Thursday of this week, ahead of the G7 summit in Biarritz.
However a six-point note, coordinated between the European Council and the Commission and seen by City PM, makes it clear there will be no change in the EU27’s unified stance so far.
“The EU regrets that the new United Kingdom government wants to replace a legally operative solution with a commitment to try to find a solution – yet to be found – by the end of the transition period,” the memo says.
It also attacks Johnson’s argument that a “flexible” solution could be found because of the existing differences on the island that exist without a hard border.
“The letter’s suggestion that two separate legal, political, economic, and monetary jurisdictions already exist on the island and can be managed with an open border is misleading.
“EU law provides the common framework needed to enable frictionless trade between Member States today. Without this common framework, checks and controls become necessary to protect consumers’ health, the integrity of the Single Market and Ireland’s place in it.”
However the memo says it will analyse any “operational United Kingdom ideas that are compatible with the existing Withdrawal Agreement”, adding the political declaration can be reworked “in line” with European Council guidelines.
A Downing Street spokesperson said: “We are deeply invested in the peace, prosperity and security of Northern Ireland and always will be, and we have been clear that we will never place infrastructure, checks or controls at the border.
“But it is clear that unless the Withdrawal Agreement is reopened and the backstop abolished, there is no prospect of a deal. It has already been rejected three times by MPs and it is simply unviable as a solution, as the PM’s letter makes clear.
“We are ready to negotiate, in good faith, an alternative to the backstop, with provisions to ensure the Irish border issues are dealt with where they always should have been: in the negotiations on the future agreement between the UK and the EU.”
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